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  1. #1
    Join Date
    Mar 2010
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    4

    Question Former Employer Appeals My EDD Eligibility in California

    My question involves unemployment benefits for the state of: California
    So after receiving about 3 checks from EDD I received a letter today stating that my former employer has appealed the departments decision finding me eligible. And there will be a hearing of which I will be informed in the next letter.

    I simply asked my employer to attempt to keep me working regionally since the commute was getting to be too much after 3 years driving over an hour. I did this during my review process.

    During the final phase of the review process I was told that they were "letting me go" since they were not able to comply with my request for regional work in the position I was in. I was NOT given the option to keep my current job and work out of the region or the option to get a demotion in order to stay in my current region.

    I specifically asked if I was being fired and she said no, and I obviously did NOT quit.

    What are my chances of winning an appeal and do I need to secure legal advisement? Trouble is that any witnesses I could find are still employed or clients of my former employer so Im not even sure what type of evidence I should be on the hunt for.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Former Employer Appeals My EDD Eligibility in California

    They said they were "letting you go", but when you asked if you were being fired they said "no". Then what does "letting you go" mean?

  3. #3
    Join Date
    Mar 2010
    Posts
    4

    Default Re: Former Employer Appeals My EDD Eligibility in California

    Quote Quoting Mr. Knowitall
    View Post
    They said they were "letting you go", but when you asked if you were being fired they said "no". Then what does "letting you go" mean?
    I am not sure I guess its just a nicer way of saying it. But they did not fire me with cause, Ive never been written up and I did my job well. I simply asked for work closer to where I live.
    Does anyone have an answer to my first questions from the original post?

  4. #4
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Former Employer Appeals My EDD Eligibility in California

    Quote Quoting anonomous
    View Post
    My question involves unemployment benefits for the state of: California
    So after receiving about 3 checks from EDD I received a letter today stating that my former employer has appealed the departments decision finding me eligible. And there will be a hearing of which I will be informed in the next letter.

    I simply asked my employer to attempt to keep me working regionally since the commute was getting to be too much after 3 years driving over an hour. I did this during my review process.

    During the final phase of the review process I was told that they were "letting me go" since they were not able to comply with my request for regional work in the position I was in. I was NOT given the option to keep my current job and work out of the region or the option to get a demotion in order to stay in my current region.

    I specifically asked if I was being fired and she said no, and I obviously did NOT quit.

    What are my chances of winning an appeal and do I need to secure legal advisement? Trouble is that any witnesses I could find are still employed or clients of my former employer so Im not even sure what type of evidence I should be on the hunt for.
    The key comes to your initial statement that you asked them to attempt to keep you "working regionally since the commute was becoming too much after 3 years".

    The fact that you had dealt with this for 3 years and now asked for a change plays against you. If they perceived your request as a take it or leave it deal - "find me other employment that I find acceptable because I can't continue this way any longer" - that looks an awful lot like quitting. If this is their position, winning the appeal would require you establishing, to the satisfaction of EDD, that your request was just that, a request. And, that you were fully prepared to continue your working under your current conditions, including the commute, if the request were denied.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Former Employer Appeals My EDD Eligibility in California

    I'm in Michigan, and in 2004 my Unemployment was challenged.

    What I would do....get on your states Unemployment website and read every bit of information they have there. Do google searches on the issue.

    Also, see if you can review or obtain copies of your personnel file. And did anyone witness the conversation in which you were told you were "let go"? Write down notes, dates, who was present.

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Former Employer Appeals My EDD Eligibility in California

    I think I recall that California law does require that even former employees be allowed to review their own personnel file and have copies of all documents they have signed.

    cbg, can you confirm for former employees?

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,903

    Default Re: Former Employer Appeals My EDD Eligibility in California


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